Kyrgyz Ban on Radical Islamic Group Lacks Legal Foundation - Ombudsman

Authorities in Kyrgyzstan justify an ongoing clampdown against the underground radical Islamic organization Hizb-ut-Tahrir by citing a "ban" on the group's activities. However, Kyrgyzstan's ombudsman, Tursunbai Bakir uulu, contends that there is no legal basis to support such a prohibition.

"Being a member of the parliament, I repeatedly made inquiries at the National Security Service, the Ministry of Interior Affairs and other [state] structures to find out whether there is any document that could ban the activities of such public organizations as Hizb-ut-Tahrir. It appeared that there is no such document. There is no law, no statement or presidential decree related to any limitation imposed on the activities of Hizb-ut-Tahrir," Bakir uulu said.

Bakir uulu called attention to what he characterized as a government shortage of specialists on issues relating to terrorism and religious extremism. He added that the government also was struggling to overcome a lack of Arabic linguists, hampering efforts to accurately translate and analyze Hizb propaganda leaflets.

Hizb-ut-Tahrir advocates the ouster of incumbent authority in Central Asian states by peaceful means, and the establishment of an Islamic caliphate in Central Asia. [For background see the Eurasia Insight archive]. In Kyrgyzstan and elsewhere in Central Asia, Hizb activists have primarily focused on spreading the organization's message through the distribution of leaflets and other printed matter. Such publications often contain calls for the government's overthrow. National Security Service officials say Hizb-ut-Tahrir may have links to terrorist groups in the region. [For additional information see EurasiaNet's Daily Digest].

Kyrgyz officials estimate that there are approximately 2,000 Hizb activists in Kyrgyzstan, operating in small cells of five members or less. Membership in the group is steadily growing, officials add. The large majority of activists do not know the identities of other Hizb members, the overwhelming majority of whom are believed to be ethnic Uzbek. The organization has carried out most of its subversive activities in southern Kyrgyzstan, which has a large Uzbek minority. However, in recent months Hizb-ut-Tahrir has reportedly become more active in northern Kyrgyzstan.

According to an Itar-Tass report in June, six Hizb activists were convicted in 2002 of crimes relating to their underground actions. Several more have been sentenced in 2003, the most recent conviction coming on October 1, when 24-year-old Akzhol Karagulov received a nine-month jail term for distributing Hizb leaflets in a Bishkek market. Law-enforcement officials had 193 cases open against suspected Hizb members as of June, Itar-Tass reported. According to state security agents, 18 suspected Hizb activists were arrested in Kyrgyzstan's three northern provinces during the first half of 2003.

Bakir uulu, Kyrgyzstan's ombudsman, said that any government strategy for containing Hizb activists should rest on a solid legal foundation. Bakir uulu indicated that while he personally shared the government's concern about Hizb's actions, he could not condone authorities' response. "We should use legal methods in our struggle against it [Hizb]," he said. "The members of this organization are mostly citizens of Kyrgyzstan, who according to Constitution have a right for free expression of views."

Kyrgyz security officials have pressed for tougher legislation covering radical Islamic activities. Kyrgyz MP have debated measures to stiffen penalties for radical action, but so far no such legislation has been adopted. Many MPs are cautious about passing stricter laws, with some contending that the mass imprisonment of Hizb activists could end up exacerbating the problems posed by Islamic extremism, citing the fact that prison can often serve as an incubator for the spread radical ideas. "We cannot afford the situation in which the ideas of "Hizb-ut-Tahrir" spreads behind bars," said MP Alisher Sabirov. "If we toughen punishment, then after a couple of years we would have hardened criminals who fanatically struggle for the ideas of creation of Islamic caliphate."

Some government officials believe that current punishments are too lenient. "Unfortunately the draft law [on toughening penalties for radical action] did not gain enough votes to be adopted," said. Naken Kasiev, the governor of the Osh Province.

Some influential Kyrgyz politicians, have advocated an Uzbek approach to the Hizb-ut-Tahrir challenge. Tashkent is notorious for its sweeping arrests of those suspected of engaging in Islamic radical activity. Sabirov counters that, even if it wanted to, Kyrgyzstan does not have the resources to undertake an Uzbek-style crackdown. "Authorities of Uzbekistan built a special prison in a desolate area especially for prisoners who are members of Hizb-ut-Tahrir," Sabirov explained.